BIRMINGHAM — An Alabama judge has dismissed a capital murder charge, ruling that a man acted under the state's Stand Your Ground law, which allows people to use deadly force in self-defense.
Jefferson County Circuit Judge Alaric May issued an order Saturday tossing the charge against Samuel Bernard Smith, 23, of Birmingham, AL.com reported Monday.
"Under Alabama law, a person who is not engaged in an unlawful activity and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground,'' the judge wrote. The judge wrote that according to testimony, Smith took a pistol and a sample of marijuana to see a person he was told was waiting with money in the parking lot. Smith testified that all four men brandished weapons and the driver said Smith was being robbed.
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